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(영문) 창원지방법원 2017.09.13 2017고단2285
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal History] Violation of Traffic Act (Drinking 2009): Imprisonment with prison labor for April, 201 for violation of Traffic Act (Drinking 2012): The termination of the prison sentence on March 6, 2015 (Drinking 2014): the Defendant was under the influence of alcohol level 0.159% while under the influence of alcohol level 0.159% during blood without a driver's license; on May 15, 2017, the Defendant driven a car from approximately 50 meters to the front of the restaurant at the window of Changwon-si to the same Dong from the front of the restaurant at the window of Changwon-si to the same roof or the front of the Moelel road.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor chosen;

1. The former sentence of Article 35 of the Criminal Act for aggravated repeated crimes is sentenced to the punishment for one year and six months: Imprisonment with prison labor for a year: Aggravation of alcohol during a high blood line, repeated crime, cumulative criminal records of the same kind (=five times the fine for a non-exclusive driver's license under the influence of alcohol during the three-time suspension of driving without a license), etc.; confession, delay disability (Grade II), etc.;

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